COURT SYSTEM.
GROUP ASSIGMENT.
GROUP NUMBER 06.
GROUP MEMBERS
1.KULUTHUM JUMA (group leader) TU/DARCO/CL/021/103.
2.GIVEN DAVID RICHARD TU/DARCO/CL/021/016.
3.AGIA HAMISI TU/DARCO/CL/021/093.
4.YUSUPH .V. JOHN TU/DARCO/CL/021/131.
5.MARYAM SEIF TU/DARCO/CL/021/080.
6.BATILDA .L. KWAY TU/DARCO/CL/021/085.
7.ELIZABETH MALONGA TU/DARCO/CL/021/067.
8.EGBERT ANTONI TU/DARCO/CL/021/094.
9.
10.
SUBMITTED TO:MR PHARES
SUBMISSION ON: 18/NOV/2021
TIME: 12:00 HOURS
ASSIGNMENT.
1.DISCUSS THE FOLLOWING CONCEPTS.
i.Territorial Jurisdiction.
ii.Original Jurisdiction.
iii.Concurrent Jurisdiction.
iv.Appellate Jurisdiction.
ANSWERS.
INTRODUCTION;
Jurisdiction is the official power of the court to make legal decisions and judgments.
there is only one court that has the jurisdiction over the whole country and that is the HIGH
COURT. there are only (2) two high courts in the United Republic Of Tanzania, that is the
Tanzania high court and the Zanzibar high court.
The following are the concepts meaning of the jurisdiction. By starting with,
Territorial Jurisdiction ; is the geographical area within which the court may exercise
its powers for example a district court has jurisdiction within the district that it is located, same
applies to the residential magistrate court has jurisdiction within the region in which it is
located and the high court has unlimited jurisdiction over the whole Tanzania in terms of
territory
Original Jurisdiction; is the power of the court to hear or try the case as the matter 0f
fast instance. This requires a specific type of case that should be initiated in the laws court of
the ladder before moving to the next court in the high ranking if there is need for appeal. For
example section 18,40 and 41 of the magistrate court of Act provides the Primary court, district
court and the resident magistrate courts have the jurisdiction in criminal matters.
Concurrent Jurisdiction; is the type of jurisdiction in which court have the same
powers to entertain certain cases or matters through they are different in horizontal or vertical
hierarchy. Or another meaning of concurrent says that, two (2) different court have the
authority to hear the same case. For example in Tanzania section 76 of the law of marriage of
act provides that the original jurisdiction matrimonial proceedings shall be veseled concurrently
by the high court, resident magistrate, district courts and the primary court
Appellate Jurisdiction; this is the type of jurisdiction where by the power of the court
to hear or try to appeal from one court to another that is inferior or higher to it. For example
the magistrate court act gives the power to hear appeals from decisions of primary court,
appeals from the district court can be tried to the high court and finally according to section 04
of the appellate jurisdiction Act of the court of appeal has jurisdiction to hear and determine
appeals from the high court.
By concluding; we have seen how the power of jurisdiction can act in different ways
through its concepts
TYPED BY: GIVEN DAVID RICHARD.
